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NBC, News Corp. Join to Take More Control of Web Video
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There has been intense interest in the dispute between copyright holders and Web sites -- in particular YouTube -- that allow users to upload and share the material.
"This is a very constructive step in the stakeholder community that creates an alternative to action by Congress and the courts," said Brad Smith, Microsoft's general counsel and a close observer of online copyright disputes.
Since Congress passed the landmark Digital Millennium Copyright Act (DMCA) in 1998, the Internet boom has subjected the law's heavily negotiated language to intense scrutiny, raising questions about the delicate balance between the creators of content and online sites that host it.
A decade ago, most Web sites consisted of little more than fixed text. The three founders of YouTube were still college students.
Since then, the rapid improvement of the Internet has opened lucrative vistas for Web pioneers offering content such as music and video. The law has been vital for this growth by giving online businesses protection from copyright holders.
But such businesses remain on shaky ground because there is no consensus on how much protection is afforded content creators. The colossal stakes involved are underscored by Viacom's lawsuit, which seeks the largest judgment in the history of copyright law.
"When Congress passed the DMCA, I'm sure no one had YouTube in mind. But the statute generates immunity for a certain kind of activity," said Lawrence Lessig, founder of Stanford Law School's Center for Internet and Society. He said YouTube clearly fits within the law.
At issue is the law's "safe harbor provision." Google and other advocates of a large safe harbor contend that Web businesses have no liability for copyrighted material that is posted on their sites, unless they are told to remove it. Media companies such as Viacom argue for a narrower interpretation, saying that Web sites have a broader responsibility to keep copyrighted material off their sites. The struggle, in large part, is about who has the burden to police sites for copyrighted material and who gets to make the money off it.
Many companies hope that initiatives such as the NBC-News Corp. video Web site will keep the DMCA out of Congress and the courts. Experts on both sides of the debate said they are wary of revisiting the law because this could endanger its carefully crafted compromises, potentially harming companies in unexpected ways.
"I don't believe there is a need to reopen the DMCA," said Sarah Deutsch, associate general counsel for Verizon Communications, who helped negotiate the law. "It you do reopen it, it could backfire for content providers."
